Ordinance No. 521
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ORDINANCE NO. S;;.,
2 AN ORDINANCE OF THE CITY OF VERNON, CALIFORNIA, ~~ING AN ELECTRIC
STREET RAILWAY FRANCHISE TO THE LOS ANGELES RAILWAY CORPORATION, A
3 CALIFORNIA. CORPORATION.
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5 THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, DOES
6 ORDAIN AS FOLLOWS:
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SECTION 1. A franchise be and the same hereby is granted
9 to the Los Angeles Railway Corporation, a corporation organized and
10 existing under and by virtue of the laws of the state of California,
11 its successors and assigns, to construct, maintain, and operate a
12 double track electric street railway, including all necessary ap-
13 purtenances, for the transportation of passengers over and across
14 the following street intersections along Pacific Boulevard in said
15 city:
16 Approximate
Distance
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Forty-sixth Street ..................
Forty-eighth Street .................
Fiftieth street (produced
across L. A. Ry. Corp.
tracks) .........................
Fruitland Road ......................
60 feet
60 feet
60 feet
50 feet
230 feet
SECTION 2. The term of this franchise shall be fifty (50)
24 years from the effective date of this ordinance.
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SECTION 3. The street railway to be constructed and
27 operated hereunder shall be used for the transportation at passen-
28 gers and United States mail, and shall be used only as a part of the
29 street railway system at the grantee operated in the City of Vernon
30 and in the City of Los Angeles and in certain territory adjaCent to
31 said cities.
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SECTION 4. The tracks to be laid in the above described
locations shall be placed as nearly as practicable in the center
of the streets above described.
SECTION 5. The grantee, or its assigns, shall use good
material in the construction of said street railway, and same
shall be built in a good and workmanlike manner, and the grantee,
or its assigns, shall, at its expense, pave or otherwise improve
said road between the tracks and for two feet on each side thereof
with the same material used by the city and under the same specifi-
cations and in the same manner as upon the streets over and across
which said street railway runs, and shall keep same constantly
paved, or otherwise improved, and in repair, and as nearly as
possible on the grade with the streets, and provided with suitable
crossings; all repairs, paving or other improvement on said street
or streets shall be made under the direction and to the satisfac-
tion of the City Councilor the Street Superintendent of the City
of Vernon, at the expense of the grantee, or its assigns. In case
the grantee, or its assigns, shall fail to comply with the instruc-
tions given by the Street Superintendent or the City Council in
regard to such street work, then said Street Superintendent shall
enter upon such street, or streets, and do the work as ordered by
the City Council, and said Street Superintendent shall keep an
itemized account of said work, which the grantee hereof, or its
assigns, by the acceptance of this franchise, hereby agrees to pay
immediately upon the presentation of such account to said grantee,
or its assigns. Its or their failure to do so shall be sufficient
cause for forfei tur e of this franchise in case said roadbed or
tracks are not kept in repair as hereinabove provided.
SECTION 8. The grantee, or its assigns, shall construct
all necessary flumes and culverts for the free passage of water
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1 under the tracks where the same naturally flows, and that such
2 flumes and culverts shall be constructed in accordance with plans
3 and specifications prescribed by the City Council.
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SECTION 7. The City of Vernon, in granting this fran-
6 chise, expressly reserves the right to pav~J macadamize, renew, or
7 re-sewer any of said streets or to lay water, gas or other pipes
8 therein, or to erect telephone or telegraph or other wires over
9 and across said street railway, said work to be done so as to
10 injure said street railway as little as possible.
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SECTION 8. The grantee shall during the life of this
13 franchise pay to the City of Vernon in la~ul money of the United
14 states and in the manner provided by law two per cent (2%) of the
15 gross annual receipts of the grantee arising from the use, opera-
16 tion, and possession of this franchise within the corporate limits
17 of the City of Vernon. and, the grantee being a corporation ovvning,
18 operating, and maintaining electric street railway lines in the
19 City of Vernon, said two per cent (2%) gross annual receipts pay-
20 ments shall be payable annually beginning in the year 1939. It
21 shall be the duty of the grantee to file with the City Clerk, prior
22 to February 20, 1939, ~ statement verified by the oath of its
23 manager or presiding or other officer showing in detail the
24 total gross receipts and gross earnings collected or received by
25 it during the preceding calendar year from the use, operation, and
26 possession of said franchise within the corporate limits of the
27 Ci ty of Vernon and to make the first of said two per cent (2%) pay-
28 illents to the City Treasurer covering the operation of such grantee
29 in the City of Vernon for the calendar year 1938, and, thereafter
30 on or before the 20th day of February of each and every year dur-
31 ing the term of this franchise, it shall be the duty of the grantee
32 to file said verified statements and to make said two per cent (2%)
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payments covering the operations of the grantee under this franchise
for the preceding calendar year.
Any neglect, omission, or refusal by the grantee to file
said verified statement or to pay said percentage of said gross an-
nual receipts, at the times and in the manner hereinabove provided,
shall work a forfeiture of this franchise and of all rights there-
under to the City of Vernon.
SECTION 9. Whenever any portion of the territory covered
by this franchise shall become annexed to, or otherwise become a
part of, any other municipal corporation or of the County of Los
Angeles or of any other county, the rights reserved under this
franchise to the City of Vernon or to any officer thereof shall
inure to the benefit of such municipal corporation or county and its
appropriate officers.
SECTION 10. The grantee shall not sell, transfer or
assign this franchise, nor sha+l any interest therein or any right
or privilege thereunder be in whole or in part transferred, leased,
assigned or otherwise disposed of, without the consent of the City
of Vernon expressed by ordinance or resolution, and any such sale,
lease, assignment, or othe r disposition of this franchise shall be
evidenced by an instrument in writing filed in the office of the
City Olerk; provided, however, that nothing in this franchise shall
be construed to grant to the grantee any right to sell, transfer,
or assign this franchise or any interest therein or any right or
privilege granted hereby, except in the manner aforesaid.
SECTION 11. The provisions of this franchise and all
rights, privileges, obligations, and duties hereunder shall inure
to and shall be binding upon the grantee and his or its successors
and assigns.
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SECTION 12. Any neglect, failure, or refusal to comply
with any of the conditions of this franchise shall work a for-
feiture thereof and the City of Vernon may thereupon by ordinance
or resolution of its City Council declare this franchise forfeited,
and may exclude said grantee from turther use of the streets,
avenues, public highways, and publiC places described in this fran-
chise, and the grantee hereof shall thereupon surrender all rights
in and to such streets, avenues, public highways, and public places,
and this tranchise shall be deemed and shall remain null, void, and
of no eftect.
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SECTION 15. Wherever it is prOVided in this franchise
that the same shall be forfeited, declared forfeited, work a for-
feiture, or similar phraseology is used, the same shall be deemed to
mean that this franchise shall be forteited at the option at the
City of Vernon acting through the City Council thereof.
SECTION 14. This ordinance shall take effect thirty (30)
days trom and after the date of its adoption and prior to such et-
fective date the grantee shall file with the City Clerk a written
acceptance of the franchise hereby granted.
SECTION 15. The City Clerk of the City of Vernon shall
24 certify to the passage of this ordin~ce and, there being no news-
25 paper published in said city, shall cause the same to be printed
26 and posted in three publiC places in said city, to-wit: On the
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bulletin board in the lobby of the City Hall, 4305 Santa Fe Avenue,
at the northwest corner of 58th street and Santa Fe Avenue, and at
the northwest corner of 57th street and Santa Fe Avenue.
'P}. day Of~~,
Fassed, approved
1938.
lerk
5.
1 STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ( ss.
2 CITY OF VERNON. )
3 I, T. J. Furlong, City Clerk of the City of Vernon, do
4 hereby certify that the whole number of members of the City Council
5 or the Oity of Vernon is five (5), and that the foregoing ordinance,
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being Ordinance .No. 521 , was introduced at a
regular
7 meeting of the City Council of the City of Vernon held on the 4th
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day or October
, 1958, and was duly passed, approved, and
9 adopted by said Council, approved and signed by the Mayor and
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attested by the Oity Clerk at a
said City Council held on the
regular meeting of
1st day at November
, 1938, by
12 the following vote:
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NOES:
ABSENT:
Councilmen Peralta, Scheider, Furlong
Councilmen None
Councilmen Levy, Leonis
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AYES:
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ernon,
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AFF~Q.AVIT OF_POS1'ING
state of California )
)
County of Los Angeles:
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City of Vernon )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that I did on the
21 _ day of. Novemb~e~.
193j, post 3
copie,s of Or4inan..e~_t>El_,--_.- ,
, in the
following places to-wit: At the northwest corner of 38th Street
and Santa Fe Avenue, at the northwest corner of 37th street and
Santa Fe Avenue, and at the entrance to the City Hall, located
at 4305 Santa Fe Avenue, there being no newspaper of general
circulation p~inted and published in the City of Vernon.
Signed this 21 day of
-
193!!.
StmAerlbea and sworn. to before mo
.~2./... .day of~"''''''''1 J9~d'
on
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ill >.Ill) fOR 11111 tOIlHn OJ; \.~~ I."H~.$ .,nc Oi .' ,
SUPPORTING
DOCUMENTS
LOS ANGELES RAILWAY CORPORATION
<A HUNTINGTON ORGANIZATION)
1060 SOUTH BROADWAY
L.OS ANGEL.ES
S. M. HASKINS, GENERAl. COUNSEL.
WOODWA.RD M. TAYLOR, GENERAL. AiTORNEY
PENN CUMMINGS, CLAIMS ATTORNEY
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September 30, 1938
Mr. T. J. Furlong, City Clerk
City Hall
Vernon, California
near Sir:
pursuant to the suggestion made to me by
your ~Ar. Anderson over the telephone recently, I en-
close the origina.l and four copies of a form of
ordinance granting the franchise which was awarded
to the Los Angeles Railway Corporation by the City
Council on August 16, 1938.
I suggest that before this ordinance is
presented to the Council it be submitted to and
approved by your City Attorney.
)if -1 C/
General Attor~e~
W11T :FOS
Enclosure